MORRISTOWN — A man involved in a divorce proceeding in Morris County didn’t like it when a judge allegedly called him a “jerk” behind his back. He is asking the judge to remove himself from the case.

During a break on Sept. 10, 2012, Superior Court Family Judge Philip Maenza in Morristown was recorded calling someone a “jerk” and said he "hated" him and wishes he were “incarcerated.”

Tobia Ippolito of Mountain Lakes says Maenza was referring to him.

Ippolito also claims that Maenza, who is of Italian descent, made a “derogatory” comment about his Italian background when he said in court on Aug. 17, 2012 that Ippolito and his wife, Lisa, are the “tomatoes” in the proceeding.

Lisa Ippolito of Mountain Lakes filed for the divorce from her husband.

Maenza has not yet ruled on Tobia Ippolito’s motion asking him to remove himself from the case and declined to comment on the issue today.

Thomas Weisenbeck, the assignment judge for the Morris-Sussex vicinage, said it would be “inappropriate” for Maenza, or any other judge, to comment on a pending case.

Tobia Ippolito’s co-counsel, Robert Scrivo, said the “jerk,” “hate” and “incarcerate” comments surfaced after Ippolito’s legal team asked for a back-up recording of the proceeding from Sept. 10, 2012.

In a conversation with a male, perhaps a court employee, Maenza said, “The sheriff came with the guy.” The male replied, “Oh, he was incarcerated.”

Maenza then said, “Well, I wish he was. He was a jerk. I hated him.”

Ippolito claimed in court papers the judge was referring to him and said Maenza’s “blatant hostility” and “blatant hatred” toward him justifies his removal.

In the other exchange, on Aug. 17, 2012, Maenza asked Lisa Ippolito if she has “an Italian background,” according to court papers.

After she replied, “yes,” the judge said, “And I do too, and obviously so does Toby.”

Maenza added: “You’re the tomatoes in the case. The lawyers are the strainer. I’m the bottle.”

In the motion for Maenza’s removal, Tobia Ippolito’s co-counsel, Debra Weisberg, said he was born in the United States, as were his parents and grandparents, and he was “offended” by the tomatoes comment.

“Addressing or commenting on a litigant’s ethnicity is inappropriate in a courtroom,” Weisberg said.

Lisa Ippolito’s attorney, William Laufer, said Maenza “was not referring to Mr. Ippolito” when he called someone a “jerk,” said he “hated” him and wished he were “incarcerated.”

As for the tomatoes comment, Laufer said, “It was said in jest, and it wasn’t addressed to anyone specific.”

Laufer is opposing the motion to remove Maenza from the case.

“Judge Maenza has been involved with this case from the beginning and has ruled in an unbiased manner,” Laufer said.

Tobia Ippolito has appealed three of Maenza’s decisions and he has lost all three times, Laufer said.